Dear Sir / Madam,
I have worked 9 years with one Construction Co. in Mumbai, from 2004 to 2013 but due to some conflicts between two partners of the company, one of the partner who has appointed me asked to leave the job as they do not have any work relevant to my job profile. they gave me 2 months of my salary + diwali bonus + leave salary as my full & final settlement, yet i have not recd cheque of one month of salary from them as I have leave my job before 4 months ago. they ask me to give sign on the relieving letter contains all the dues paid including Gratuity.
Sir, please help me shall i gave receiving on that letter, if i am not than they will not paid me my one month of pending salary. Sir, shall i have to fight for my Gratuity which i have not receive & they are also not ready to pay? I am from middle class family, please help me what i do?????? Where to go for complaint ????????
Thanks & Regards
From India, Mumbai
I have worked 9 years with one Construction Co. in Mumbai, from 2004 to 2013 but due to some conflicts between two partners of the company, one of the partner who has appointed me asked to leave the job as they do not have any work relevant to my job profile. they gave me 2 months of my salary + diwali bonus + leave salary as my full & final settlement, yet i have not recd cheque of one month of salary from them as I have leave my job before 4 months ago. they ask me to give sign on the relieving letter contains all the dues paid including Gratuity.
Sir, please help me shall i gave receiving on that letter, if i am not than they will not paid me my one month of pending salary. Sir, shall i have to fight for my Gratuity which i have not receive & they are also not ready to pay? I am from middle class family, please help me what i do?????? Where to go for complaint ????????
Thanks & Regards
From India, Mumbai
HI
am not sure about that company status, but you are entiltled to recieve all the due from the conpamy even if you signed the reliving letter, I would suggest you send a formal letter to your ex-company through a register post and keep the acknowledgement for your reference. Wait for 7 days and send a reminder letter with early letter's reference and wait for 7 more days. If they respond, write a letter to the Commissioner of labour along with the two letter's you have sent with the acknowledgement copy with a CC to your ex-company. For sure your company will pay all the dues to you.
Two things here:
1. Your ex-employer cannot hold an employee's due more than 180 days
2. All unpaid wages have to be notified and deposited in the labour department.
So you will get it for sure but you have to patience enough to wait and get it.
184am not sure about that company status, but you are entiltled to recieve all the due from the conpamy even if you signed the reliving letter, I would suggest you send a formal letter to your ex-company through a register post and keep the acknowledgement for your reference. Wait for 7 days and send a reminder letter with early letter's reference and wait for 7 more days. If they respond, write a letter to the Commissioner of labour along with the two letter's you have sent with the acknowledgement copy with a CC to your ex-company. For sure your company will pay all the dues to you.
Two things here:
1. Your ex-employer cannot hold an employee's due more than 180 days
2. All unpaid wages have to be notified and deposited in the labour department.
So you will get it for sure but you have to patience enough to wait and get it.
Hello,
Please Share have they gave you offer letter or Appointment letter at time of Joining?
* If yes then you can claim the Gratuity as per act.....inform your labour officer of concern region and file a case against employer with help of union.
* If no ask them to provide the letter on that bases you can ask for claim.
Please follow the guidelines given by Christopher
Thanking you,
Regards,
Ashish
From India, Pune
Please Share have they gave you offer letter or Appointment letter at time of Joining?
* If yes then you can claim the Gratuity as per act.....inform your labour officer of concern region and file a case against employer with help of union.
* If no ask them to provide the letter on that bases you can ask for claim.
Please follow the guidelines given by Christopher
Thanking you,
Regards,
Ashish
From India, Pune
Dear Krishnasejal,
As they have not paid you the Gratuity, still you are thinking to sign it, to clear your once months payment. Although, for a middle class person, leaving 1 months salary is difficult. But, for that one month's salary, don't give-up your Gratuity. You have to fight for your gratuity.
Just send them a formal letter, and mention that you left your services from that company on so and so date. you was paid so and so dues. Apart from this, your one months salary and Gratuity is still pending and need to be cleared at the earliest possible as you are in requirement of money. Send them the letter only through registered post and keep tracing it till delivered. then wait for 10 days.
If they send any reply, then you can share it with us. If no, then just send them a reminder letter along with the copy of first letter and delivery report. Plz. note that, your address on this letter should be correct and complete along with Mobile No. Plz. also mark a CC of that reminder letter to DLC Officer of your area.
If still they don't reply, then write a letter to the DLC Office and mentioned that your ex-employer is not paying you so and so dues. For that, you also send them letter but they not reply. Then the DLC Office will send them notice itself.
Hope this will help you. Cheers.
From India, Delhi
As they have not paid you the Gratuity, still you are thinking to sign it, to clear your once months payment. Although, for a middle class person, leaving 1 months salary is difficult. But, for that one month's salary, don't give-up your Gratuity. You have to fight for your gratuity.
Just send them a formal letter, and mention that you left your services from that company on so and so date. you was paid so and so dues. Apart from this, your one months salary and Gratuity is still pending and need to be cleared at the earliest possible as you are in requirement of money. Send them the letter only through registered post and keep tracing it till delivered. then wait for 10 days.
If they send any reply, then you can share it with us. If no, then just send them a reminder letter along with the copy of first letter and delivery report. Plz. note that, your address on this letter should be correct and complete along with Mobile No. Plz. also mark a CC of that reminder letter to DLC Officer of your area.
If still they don't reply, then write a letter to the DLC Office and mentioned that your ex-employer is not paying you so and so dues. For that, you also send them letter but they not reply. Then the DLC Office will send them notice itself.
Hope this will help you. Cheers.
From India, Delhi
Hi
First of all you should\'nt have accepted the F&F without your gratuity secondly if they have asked you to go then they have to pay all your dues, try to talk to them about the same and ask them to give your Gratuity and say you can wait for the payment of 1 month which they have not paid.
From India, Mumbai
First of all you should\'nt have accepted the F&F without your gratuity secondly if they have asked you to go then they have to pay all your dues, try to talk to them about the same and ask them to give your Gratuity and say you can wait for the payment of 1 month which they have not paid.
From India, Mumbai
Hello Every One,
Continuing Discussion with my First Post dated 25.11.2013..........
Please Sir help me for the following,
As discussed with you, i asked my Boss that, i will not going to sign any letter which contains word of Gratuity which i have not taken for my 9 years of Service, kindly write the things which i have actually received from your side. ( i.e. 2 months of Salary + Diwali bonus + Leave Salary )
My Boss has send me a fresh Releiving Letter contains statement that, - "all the dues payable from the company and its group entities on account of Salary, Leave Salary , Retirement Benefits and any other liabilities are duly received by me."
Sir, please ask that the word Retirement Benefit = Gratuity
when i asked my Boss regarding this they asked that, the amount which they given me ( i.e. 2 months of my Salary + Diwali Bonus ) is as a part of my Retirement Benefit, or asked that first i have to sign this letter then after i will not get my pending salary, shall i sign this letter & first i take my pending salary than after i take action for my Gratuity, else i will not get single money on hand they are so Strong.
As per my view i get 2 months of Salary + Diwali Bonus + Leave Salary
From the above 1 month of Salary - is to be counted amount of my Notice Period
1 month of Salary - which i have received ag. my 9 years of Service to the company
Diwali Bonus - ( Nov 2012 - July 2013 last month of working ) - full Diwali Bonus which i have given my 9 months to the company with the Honesty & Sincerity
Leave Salary - which is my pending Leave of the Company
Sir, please clarify the above things to get me out of this all warried things.......
Thanks & Regards,
From India, Mumbai
Continuing Discussion with my First Post dated 25.11.2013..........
Please Sir help me for the following,
As discussed with you, i asked my Boss that, i will not going to sign any letter which contains word of Gratuity which i have not taken for my 9 years of Service, kindly write the things which i have actually received from your side. ( i.e. 2 months of Salary + Diwali bonus + Leave Salary )
My Boss has send me a fresh Releiving Letter contains statement that, - "all the dues payable from the company and its group entities on account of Salary, Leave Salary , Retirement Benefits and any other liabilities are duly received by me."
Sir, please ask that the word Retirement Benefit = Gratuity
when i asked my Boss regarding this they asked that, the amount which they given me ( i.e. 2 months of my Salary + Diwali Bonus ) is as a part of my Retirement Benefit, or asked that first i have to sign this letter then after i will not get my pending salary, shall i sign this letter & first i take my pending salary than after i take action for my Gratuity, else i will not get single money on hand they are so Strong.
As per my view i get 2 months of Salary + Diwali Bonus + Leave Salary
From the above 1 month of Salary - is to be counted amount of my Notice Period
1 month of Salary - which i have received ag. my 9 years of Service to the company
Diwali Bonus - ( Nov 2012 - July 2013 last month of working ) - full Diwali Bonus which i have given my 9 months to the company with the Honesty & Sincerity
Leave Salary - which is my pending Leave of the Company
Sir, please clarify the above things to get me out of this all warried things.......
Thanks & Regards,
From India, Mumbai
Hello Every One,
Continuing Discussion with my First Post dated 25.11.2013..........
Please Sir help me for the following,
As discussed with you, i asked my Boss that, i will not going to sign any letter which contains word of Gratuity which i have not taken for my 9 years of Service, kindly write the things which i have actually received from your side. ( i.e. 2 months of Salary + Diwali bonus + Leave Salary )
My Boss has send me a fresh Releiving Letter contains statement that, - "all the dues payable from the company and its group entities on account of Salary, Leave Salary , Retirement Benefits and any other liabilities are duly received by me."
Sir, please ask that the word Retirement Benefit = Gratuity
when i asked my Boss regarding this they asked that, the amount which they given me ( i.e. 2 months of my Salary + Diwali Bonus ) is as a part of my Retirement Benefit, or asked that first i have to sign this letter then after i will not get my pending salary, shall i sign this letter & first i take my pending salary than after i take action for my Gratuity, else i will not get single money on hand they are so Strong.
As per my view i get 2 months of Salary + Diwali Bonus + Leave Salary
From the above 1 month of Salary - is to be counted amount of my Notice Period
1 month of Salary - which i have received ag. my 9 years of Service to the company
Diwali Bonus - ( Nov 2012 - July 2013 last month of working ) - full Diwali Bonus which i have given my 9 months to the company with the Honesty & Sincerity
Leave Salary - which is my pending Leave of the Company
Sir, please clarify the above things to get me out of this all warried things.......
Thanks & Regards,
attribution https://www.citehr.com/477007-full-f...#ixzz2m0bBMRFk
From India, Mumbai
Continuing Discussion with my First Post dated 25.11.2013..........
Please Sir help me for the following,
As discussed with you, i asked my Boss that, i will not going to sign any letter which contains word of Gratuity which i have not taken for my 9 years of Service, kindly write the things which i have actually received from your side. ( i.e. 2 months of Salary + Diwali bonus + Leave Salary )
My Boss has send me a fresh Releiving Letter contains statement that, - "all the dues payable from the company and its group entities on account of Salary, Leave Salary , Retirement Benefits and any other liabilities are duly received by me."
Sir, please ask that the word Retirement Benefit = Gratuity
when i asked my Boss regarding this they asked that, the amount which they given me ( i.e. 2 months of my Salary + Diwali Bonus ) is as a part of my Retirement Benefit, or asked that first i have to sign this letter then after i will not get my pending salary, shall i sign this letter & first i take my pending salary than after i take action for my Gratuity, else i will not get single money on hand they are so Strong.
As per my view i get 2 months of Salary + Diwali Bonus + Leave Salary
From the above 1 month of Salary - is to be counted amount of my Notice Period
1 month of Salary - which i have received ag. my 9 years of Service to the company
Diwali Bonus - ( Nov 2012 - July 2013 last month of working ) - full Diwali Bonus which i have given my 9 months to the company with the Honesty & Sincerity
Leave Salary - which is my pending Leave of the Company
Sir, please clarify the above things to get me out of this all warried things.......
Thanks & Regards,
attribution https://www.citehr.com/477007-full-f...#ixzz2m0bBMRFk
From India, Mumbai
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